AIBU to ask for your help in getting money back from PT - feel both conned and upset

[userofthiswebsite]

Good afternoon,
Hope I can get some advice please. Hoping to take advantage of busy traffic on this section as want to email today.

I took 12 lessons with a personal trainer who works on a self-employed basis with Gym Group. I do not have any signed paperwork with the PT as I'm sure I'll be asked that.

We have done 4 of 12 sessions for which I paid a total of £300 (£25/session).

He has been constantly cancelling /not turning up and most recently went completely out of contact and I had to track him down in the gym. Turns out he'd been training someone else in two of my early morning weekday slots. He promised to attend this morning's session (supposed to be 3 sessions a week) but cancelled. Last Sunday he just didn't turn up, no warning given.

Long story short he is taking the mick and I want a refund of the remaining 8 sessions so £200. I've already texted him to say as much but want to formalise it as I get the impression I've going to have a battle on my hands to get the refund.

I want to start with an email today saying you've effectively terminated our contract, give me the money back within 3 working days.

Is this a suitable way to start? Where do I go from there in terms of escalation? The gym doesn't employ him so I know I can't get the money back from them and I think he'll just get away with it.

Do you have proof of the original set up and cancellations/no shows at all, such as a text message trail? If so I would imagine you could threaten him with small claims court of he doesn't pay you back the remaining sessions within a timeframe, e.g. 7 days.

Sometimes he'd sent a cancellation text, normally about an hour before the session, sometimes, he just doesn't show full stop with no warning.

I've got the bank transfer into his bank account which shows the £300 going in.

Speak to the manager of the gym. This guy sounds like a total fraud.

He'll be 'renting' his space in the gym. His behaviour reflects directly on the gym, so I'm sure if you contact the gym manager you'll get somewhere.

Make sure you have his address - either from the gym (explain it to the manager) or use google and your initiative (eg how did you find out he was training someone else in your slot - do you know them or friends?)

Email him and tell him you would like the outstanding £200 repaid since it is clearly not working out. You want it in three days.

If he doesn't pay up, email again saying you are going to the small claims court (hence need for address). I presume alongside the evidence of paying £300 into his account you've kept the email/text trail for the court?

You do have to pay upfront to submit a claim - so think hard about going in for it if he's going to do a runner and evade the CCJ altogether, though it would be hanging over his name/credit profile. If the court decides in your favour he also pays your court costs.

Good luck.

millie
I know he was training someone else in my slot as he told me that was why he had been avoiding me.
I don't know his personal address but assume that it would be ok to send letters/court papers etc to the Gym as that's his place of work, even though not employed. I hope that's true anyway.

I don't really delete emails/texts so they're all there.

Does this guy's name begin with A? Ex pro footballer? In the midlands? Had exactly the same experience. Sadly didn't get my money back.

His name does begin with A as it happens. I'm assuming it's just a co-incidence though as I'm London based, unless he happens to have a twin brother your PT...
Did you pursue it via the court?

Surname G? No I didn't go through the courts as it was only £300 or so and I had other stuff going on. He screwed over a lot of his clients as he got fired from the gym he worked at for messing people around, then couldn't fulfill his contracts with the clients (most just wanted a refund to be honest). He was reported to the police by the gym I believe but I heard nothing further after that. Turned very nasty when I asked for a refund.

My friend had this with driving instructor - a scam. They take the money upfront, give a few lessons and then make it impossibel for you to arrange the rest. Try small claims court using texts, diary entries, statements from gym staff as evidence where possible.

I think you need his residential address to serve the claim

Tell gymnast - they don’t employ him but should know

Gym, not gymnast

Katniss
No I don't think it's the same person. I don't think I'm the only person though - I was looking at reviews for the gym itself and there was a man/woman who also had an issue getting a refund.